Minutes of the North Carolina State Board of Optometry
February 20-22, 2025
Raleigh, North Carolina
The North Carolina State Board of Examiners in Optometry met on February 20-22, 2025, at the Holiday Inn Express and the Jane McKimmon Center in Raleigh, North Carolina to conduct the Board’s Winter 2025 examinations and for other purposes. Board members present were Dr. Scott Philippe, President, Dr. Jerry Ellington, Secretary-Treasurer, Drs. Charles Sikes, Michael Haines, and Mollie Glenn. Board member Mrs. Emily Nicholson joined the meeting via video conference. Also present was Dr. William Rafferty, Executive Director, Johnny Loper, Board, Attorney, and Maggie Thibodeaux, Administrative Assistant. Attending by video conference were Mrs. Emily Nicholson, Board Member, and Janice Peterson, Executive Administrator.
The following Clinical Examiners participated in the examinations beginning Saturday, February 21: Drs. Hamp, Brooks. Ward, York, Rist, Treece, Taylor, McPherson, Beaupre, and Denton.
At 12:09 p.m. on February 20, 2025 President Philippe called the meeting of the Board to order after which he read the conflict of interest statement, as required by the North Carolina State Board of Ethics. No conflicts were identified.
Approval of Minutes.
On a motion by Dr. Glenn, seconded by Dr. Sikes, and carried unanimously the Minutes of the January 13, 2025 video conference were approved.
Report of the President.
Dr. Philippe thanked the staff for their hard work over the past several months in preparation for this weekend’s examinations, and noted he will comment on other agenda items as they are addressed. He also noted that this would be his last “in-person” meeting and that he “feels good about the direction of the Board”.
On a motion by Dr. Ellington, seconded by Dr. Sikes, and carried unanimously the report of the President was accepted.
Report of the Secretary/Treasurer.
Dr. Ellington reviewed the budget and financial reports for the period 7/1/2024 - 1/31/2025.
After addressing specific questions from members of the Board by the Secretary/Treasurer and the Board staff, on a motion by Dr. Sikes and seconded by Dr. Glenn, the motion carried unanimously to accept the report of the Secretary-Treasurer.
Report of the Investment Committee
Dr. Ellington, on behalf of the Committee, reviewed the Board’s current investments. On a motion by Dr. Glenn and seconded by Dr. Sikes, the motion carried unanimously to accept the Report of the Investment Committee.
Report of the Executive Director.
Dr. Rafferty reviewed with the Board important issues he and the staff have managed since the last meeting.
On a motion by Dr. Ellington and seconded by Dr. Haines the above Policies were approved unanimously.
A motion to accept the Executive Director’s report was made by Dr. Glenn, seconded by Dr. Haines, and passed unanimously.
Legal Update - Mr. Loper and Dr. Rafferty
On a motion by Dr. Sikes and seconded by Dr. Ellington, the Board voted unanimously to go
into closed session in accordance with G.S. 143-318.11 (1) and (3). The purpose of the closed
session was for Mr. Loper to provide legal advice and counsel and to provide updates on
disciplinary matters.
Mr. Loper and Dr. Rafferty discussed with the Board a number of investigations that were
dismissed for lack of probable cause, with the dismissal documents having been provided to the
Board on the Agenda.
The Board discussed a request by Dr. Sam Hobbs to be relieved of the requirement in his
Consent Order to undergo continued counseling. There was some uncertainty whether Dr. Hobbs
was asking to cease counseling, to cease both counseling and drug testing, or cease counseling,
cease drug testing, and terminate his probation. The Board instructed Dr. Rafferty to seek clarity
on these issues.
Mr. Loper, Dr. Sikes, and Dr. Rafferty presented three proposed consent orders and one public
letter of reprimand. They summarized the background facts, provided their reasoning on the
reasons why the terms of the consent orders and public letter were the appropriate results, and
answered questions from the Board.
Mr. Loper, Dr. Philippe, and Dr. Rafferty presented a proposed private letter of concern regarding
a long-running investigation regarding an OD’s dealings with Board Staff and his failure to
report his return to practice. They explained their rationale for the recommendation and
responded to questions from the Board.
Mr. Loper, Dr. Rafferty, and Dr. Ellington sought advice from the Board regarding the issue of an
OD who retires from practice, surrenders his license, and may not have made the appropriate
arrangements for having his records available for access by his patients.
Mr. Loper, Dr. Sikes, and Dr. Rafferty discussed with the Board a non-professional corporation
seeking approval from the Board to retain optometrists to provide limited evaluations to military
personnel under programs run by the Armed Forces. Discussions were had regarding previous
requests of similar nature and whether this program is sufficiently similar to those prior programs
approved by the Board. More information forthcoming.
Mr. Loper and Dr. Rafferty discussed with the Board issues regarding the recent NBEO
examination and other NBEO issues that may impact this Board.
Dr. Rafferty and Mr. Loper discussed with the Board forensic evidence indicating that a number
of licensees who took the most recent Jurisprudence course may not have followed directions
and may have not completed the course before taking the course-end quiz, and the possible next
Steps.
Mr. Loper and Dr. Rafferty also discussed with the Board their recent meeting with Medical
Board representatives to discuss telemedicine issues and issues arising out of MD-owned
practices that hire optometrists.
On a motion by Dr. Ellington and seconded by Dr. Sikes, the Board voted unanimously to
return to open session. No motions were made and no votes were taken by the Board while in
closed session.
On motion by Dr. Glenn and seconded by Dr. Haines, the Board voted (with Dr. Sikes
abstaining) to accept the proposed Consent Orders for Drs. Luu, Poirier, and Sauls and the
proposed Public Letter of Reprimand for Dr. Palo.
On motion by Dr. Ellington and seconded by Dr. Sikes, the Board voted (with Dr. Philippe
abstaining) to accept the proposed Private Letter of Concern.
Clinical Examiners Honorariums.
On a motion by Dr. Ellington, seconded by Dr. Glenn, and carried unanimously the Board approved an honorarium for each of the Clinical Examiners in the amount of $800, plus 3 hours (½ hour per session) of certified continuing education credit and reimbursement for their meals and travel expenses for their participation in the Winter 2025 Clinical Examinations; and that the Board members and Executive Director be granted 1 hour of certified continuing education credit for each day of the Winter 2025 Board examinations.
Recess:
The Board meeting concluded at 4:15 p.m. on a motion made by Dr. Glenn to recess until the start of the examinations on Saturday, February 21at 7:35 a.m. It was duly seconded by Dr. Haines, and carried unanimously.
Clinical/Practicum Examinations.
The first examination session began promptly as scheduled on Saturday morning, February 21, 2024, at 7:35 a.m.at the Holiday Inn Conference Center and the final session concluded on Sunday afternoon, at 5:30 p.m.at the Jane McKimmon Center.
Next meeting of the Board
The next meeting of the Board for the purpose of reviewing the results of the Winter 2025 examinations and for other purposes will be held via video conferencing on Monday, March 3, 2025 beginning at 7:00 p.m.
Approved 03/03/25